Dec 26, 2012 11:00pm EST
united, he reached out and roe versus wade. he reached out in lawrence versus texas and grutter v. bollinger. those who don't want them to reach out in this case do want them to reach out anytime it helps their cause. maybe they even reached out in allen's case. my point is the court shouldn't just make things up. but they are, to a large extent, a policymaking body. that is what they do. they take cases and they decide broader principles. here we have a very serious problem that justifies a little stretching, not in my opinion to ban racial preferences, and went to socioeconomic components. every other institution in american society has failed to come to grips with this problem. the university systematically misleads applicants over how it works. no major politician has had a case of affirmative action more than 20 years -- excuse me, not 20, but 16 years. we are going to have racial preferences for the next hundred years or more unless the supreme court does something to slow down. >> a nonpolitical ranch of a policymaking body. say it ain't so. [applause] >> comments? >> i wou
Dec 27, 2012 9:00am EST
didn't have to decide. they reached out in roe v. wade. they reached out in lawrence v. texas, the gay rights case. the people who don't want them to reach out in this case, many of them, do want them to reach out anytime it helps their cause. and maybe they even reached out in the chada case which is alan's case. and my point there is the court shouldn't just make things up, but they are to a large extent a policy-making body. it's evolved that way. that's what they do. they take cases, and they decide broader principles under those cases. and here we have a very serious problem that i think justifies a little stretching not, in my opinion, to ban racial preferences, but to impose the kind of remedies we suggest, transparency and a socioeconomic component. because as our book details, every other institution in american society has failed to come to grips with this problem. the universities systematically mislead applicants and the rest of the country over how it works. the politicians are terrified of it. no major politician has attacked affirmative action publicly in about 20 years.
Dec 27, 2012 2:00am EST
. expand executive power and preferences. above all, reverse roe v. wade. the commerce clause was not part of that agenda. again, any story i tell and "the oath," the idea that an individual mandate was unconstitutional was invented out of thin air essentially fixed months before the law was passed. the individual mandate had been pioneered by the conservative heritage foundation and the late 80s. decades it had been discussed and no one had ever suggested it was unconstitutional. you might think. someone might've noticed this really unconstitutional. it is an example i think and i believe robert staines of the kind of political frenzy. a desire of the part of republicans to defeat the saw at any cost, any price and roberts said this is a diversion from what we need to do as conservatives. roberts did not suddenly last year discoveries and are moderate. he is not a moderate. he will not suddenly start siding with four liberals. but in this case, he preserved his plays and he preserved the courts place as a relatively neutral arbiter and expanded his own power and reputation and enormo